sb 0391

CHAPTER 254

SB 391 – FINAL VERSION

AN ACT relative to bond votes in municipalities using chartered official ballot voting procedures, relative to Claremont school district elections, and relative to the elections of officials of the union school district of Keene.

SPONSORS: Sen. Clegg, Dist 14; Sen. Martel, Dist 18; Sen. Flanders, Dist 7; Rep. Packard, Rock 75; Rep. Carson, Rock 75; Rep. Introne, Rock 75

I. Clarifies the authority to approve municipal bonds by either a 2/3 or 3/5 vote in towns with a municipal charter.

II. Repeals the law that allows the Claremont school district to conduct elections in November, provides for a March 2005 school board election, and extends the terms of office of school board officers.

III. Repeals the law that allows the union school district of Keene to conduct elections in November, provides for a school board election at a regular annual meeting, and extends the terms of office of school board officers.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

Be it Enacted by the Senate and House of Representatives in General Court convened:

33:8 Town or District Bonds or Notes. Except as otherwise specifically provided by law, the issue of bonds or notes by any municipal corporation, except a city or a town which has adopted a charter pursuant to RSA 49-B, without a budgetary town meeting, and except a school district or municipality which has adopted official ballot voting procedures pursuant to RSA 40:13 shall be authorized by a vote by ballot of 2/3, and the issue of tax anticipation notes, by a vote of a majority, of all the voters present and voting at an annual or special meeting of such corporation, called for the purpose. The issue of notes or bonds by a school district or municipality which has adopted official ballot voting procedures pursuant to RSA 40:13 shall be authorized by a vote of 3/5. The issue of notes or bonds by a municipality that has adopted an optional form of legislative body under RSA 49-D:3, I-a or RSA 49-D:3, II-a shall be authorized by either a 2/3 or 3/5 vote as adopted and provided for in the charter. If such charter does not specify which majority vote is required, then the required majority vote shall be 2/3. Only votes in the affirmative or negative shall be included in the calculation of any majority. No such action taken at any special meeting shall be valid unless a majority of all the legal voters are present and vote at such special meeting, unless the governing board of any municipality shall petition the superior court for permission to hold an emergency special meeting, which, if granted, shall give said special meeting the same authority as an annual meeting. The warrant for a special meeting shall be published once in a newspaper having a general circulation in the municipality within one week after the posting of such special meeting. The warrant for any such annual or special meeting shall be served or posted at least 14 days before the date of such special meeting. Every warrant shall be deemed to have been duly served or posted, if the return on the warrant shall so state, and it shall be certified by the officer or officers required to serve or post the same. All bonds or notes, authorized in accordance with this chapter, shall be signed by the governing board, or a majority of the governing board, and countersigned by the treasurer of the municipality, and shall have the corporate seal, if any, affixed to it. The discretion of fixing the date, maturities, denominations, the interest rate, or discount rate in the case of notes, the place of payment, the form and other details of said bonds or notes and of providing for the sale of such bonds or notes, may be delegated to the governing board or to the treasurer and shall, to the extent provision therefor shall not have been made in the vote authorizing the same, be deemed to have been delegated to the governing board.

I-a. Official ballot town council shall be a variation of the town council which provides for voting on some or all matters that general law requires to be addressed at the annual or a special meeting of a town, by official ballot. In such event, the town council shall be vested only with the limited authority to vote on all matters not voted on by official ballot. When an official ballot town council is included in any charter, the provisions of RSA 49-D:3, I, relative to town councils, shall apply in all respects, except with respect to those matters to be voted on by official ballot. When a charter provides for an official ballot town council it shall also specify with precision the budgetary items to be included on the official ballot, a finalization process for the annual budget, the process for public hearings, debate, discussion, and amendment of questions to be placed on the official ballot, the procedures for the transfer of funds among various departments, funds, accounts, and agencies as may be necessary during the year, and the applicability of the official ballot procedure to special elections. The majority vote required to approve bonds or notes shall be either 2/3 or 3/5 as adopted and provided for in the charter. If a charter does not specify which majority vote is required, than the required majority vote shall be 2/3. All voting by official ballot shall be in accordance with the procedures established in RSA 669:19-29, RSA 670:5-7 and RSA 671:20-30, including all requirements pertaining to absentee voting, polling places, and polling hours. Nonbudgetary items may be placed on the official ballot pursuant to this section notwithstanding the provisions of RSA 40:4-e and RSA 39:3-d.

254:3 Repeal. 1969, 618, relative to Claremont school district elections, is repealed.

254:4 Claremont School District; Terms of Office. The Claremont school district shall commence regular district elections in March 2005 in accordance with RSA 40:13 or RSA 671:2, as applicable. Each Claremont school district officer shall remain in office until a replacement is elected at the next election following the expiration of his or her term of office established prior to the repeal of 1969, 618.

254:5 Repeal. 1967, 566:2, relative to elections conducted by the union school district of Keene, is repealed.

254:6 Preparation of School District Ballot; Removal of Coordination of School District Ballot With City Election. Amend 1967, 566:4 as amended by 1977, 229:1; 1995, 40:1; and 1998, 258:4 to read as follows:

566:4 Declarations of Candidacy; Ballots. A candidate for school district office shall file a declaration of candidacy for the office with the district clerk during the same filing period as is established for a non-partisan town election. [The district clerk and the city clerk of the city of Keene shall coordinate the preparation of ballots for the election of said officials with such other voting materials as are in use for the election and may combine school district and city ballots. The costs of the preparation of such combined ballots shall be divided as the city and school district clerks shall determine. If the clerks do not coordinate the preparation of a combined city and school ballot, then the school district clerk shall prepare ballots for the election of school district officials in an appropriate form as will enable city election officials to handle the ballots and count them efficiently. The district clerk shall deliver said ballots to the city clerk of the city of Keene, who shall deliver the same to the election officials in the several wards at the same time the ballots for the election of city or state officials are delivered.]

254:7 Union School District of Keene; Terms of Office. The union school district of Keene shall commence regular district elections in accordance with RSA 40:13 or RSA 671:2, as applicable. Each school district officer shall remain in office until a replacement is elected at the next election following the expiration of his or her term of office established prior to the repeal of 1967, 566:2.

254:8 Referendum. The clerks of the union school district of Keene and the city of Keene shall prepare referendum ballots for use by the voters at the municipal election of the city of Keene to be held in November, 2004, upon which shall be printed the question: “Are you in favor of amending the charter of the union school district of Keene to withdraw the school district’s permission to conduct November biennial elections, and adopting the provisions of sections 5, 6, and 7 of senate bill 391 of the 2004 legislative session, an act entitled, “An act relative to bond votes in municipalities using chartered official ballot voting procedures, relative to Claremont school district elections, and relative to the elections of officials of the union school district of Keene?” Beneath this question shall be printed the word “Yes” and the word “No” with an oval immediately opposite each such word in which the voter may indicate his or her choice. If a majority of the voters present and voting on the question shall signify their approval thereof, this act shall be declared adopted. Ballots cast on said question shall be counted and the results announced by the city election officials in the manner prescribed in RSA 659. Ward moderators shall forthwith certify the results of said vote in their respective wards to the district clerk; and the district clerk shall within 10 days after said election certify to the secretary of state the result of the vote on said question.

671:2 Election Dates. School district officers shall be elected either at the town meeting as provided in RSA 671:22-26 or at an annual meeting of the district held between the dates set forth in RSA 197:1. Notwithstanding any other provision of law [~~including the provisions of 1969, 618 relative to the time for holding school district elections in the city of Claremont~~], no election for school district officers shall be held in conjunction with the biennial election. The prohibition in this section against holding an election for school district officers in conjunction with the biennial election shall not apply to the election of the board of education members of the Concord union school district as provided in 1961, 355 as amended by 1983, 123, to the election of the Laconia board of education members as provided in section 9:01 of the city charter of Laconia as amended by 1975, 357, or to the election of the school board members of the union school district of the city of Keene, as provided in 1967, 566.

671:2 Election Dates. School district officers shall be elected either at the town meeting as provided in RSA 671:22-26 or at an annual meeting of the district held between the dates set forth in RSA 197:1. Notwithstanding any other provision of law [~~including the provisions of 1969, 618 relative to the time for holding school district elections in the city of Claremont~~], no election for school district officers shall be held in conjunction with the biennial election. The prohibition in this section against holding an election for school district officers in conjunction with the biennial election shall not apply to the election of the board of education members of the Concord union school district as provided in 1961, 355 as amended by 1983, 123, or to the election of the Laconia board of education members as provided in section 9:01 of the city charter of Laconia as amended by 1975, 357[~~, or to the election of the school board members of the union school district of the city of Keene, as provided in 1967, 566~~].

I. If the voters of the union school district of Keene do not approve sections 5-7 of this act in accordance with the referendum under section 8 of this act, then section 9 of this act shall take effect 60 days after its passage and section 10 shall not take effect.

II. If the voters of the union school district of Keene approve sections 5-7 of this act in accordance with the referendum under section 8 of this act, then section 10 of this act shall take effect 60 days after its passage and section 9 shall not take effect.

III. The remainder of this act shall take effect 60 days after its passage.

(Effective Date: I. Sections 5, 6 and7 shall take effect as provided in section 8.

II. Sections 9 and 10 shall take effect as provided in section 11.

III. Remainder shall take effect August 14, 2004.)